Workshop for Western and Northern Regions of Africa on the Importance of Ratification, Accession and Domestication of OAU/AU Treaties of Direct Relevance to Shared Values

Dakar, Senegal 26 August 2013- Treaties adopted by the African Union offer the basis for collective actions and solutions in addressing the political, economic and social challenges that obstruct Africa’s integration and development. Therefore the importance for ratifying and domesticating these treaties is of paramount importance.

Today, 26 August 2013, marked the opening of the second, two-day workshop for sensitising member states on the importance of ratification and domestication of OAU/AU treaties, specifically those with direct relevance to shared values. The workshop assembles the Western and Northern Africa Regions of the AU Member States.

All the major treaties adopted by OAU/AU since its inception, echo the principle of inter-linkage between peace, stability, development, integration and cooperation in Africa. The treaties provide a policy development forum for the elaboration and advancement of shared values within the Continent.

The African Union Commission’s Legal Counsel office explained that the lack of the entry into force of AU Treaties is caused by different reasons. The political will, administrative red tape, bureaucratic coordination and technical capacity are part of the major glitches.

Hiccups in the negotiations, implementing legislation, inconsistent texts and more are also part of the hindrances for the Member States to speed up the ratification of the treaties and successfully gain from them.

On the workshop, it was also noted that the development of model laws is necessary to implement the treaties. Monitoring by treaty bodies and State Party Reporting is also another significant angle to consider.

The workshop aims to encourage Member States to become state parties to the treaties, taking the necessary measures to speed up ratification of, or accession to all OAU/AU Treaties.

Member States believe that the adoption of this principle expressed in treaties would create synergy between the various activities currently undertaken by AU and therefore help to consolidate the integration of Africa.

However, despite the above-mentioned importance of ratifying OAU/AU treaties, AU Member States are slow to ratify them. The problem of the slow pace of ratification of OAU/AU treaties was first discussed with a deep and serious concern during the Meeting of Experts on the Review of the OAU/AU Treaties held from 18 to 20 May, 2004 in Addis Ababa, Ethiopia. During the said meeting, the Chairperson of the AU Commission stated “the slow pace of signature and ratification of these treaties by member states is worrisome, bearing in mind that the process of integration that the Member states had embarked on”

Reviewing the progress made in the ratification and domestication of the shared values treaties, identifying mechanism for the harmonization the signature, implementation, reporting and monitoring procedures will be the main goals the workshop aims to achieve.
Identifying the challenges encountered by Member States in ratifying and domesticating the treaties and the opportunities for accelerated action is also part of its directive to address.

As conclusion the workshop will deliver a report setting out the issues discussed, agreed upon actions and a work plan for 2014. The recommendation for a draft decision to be submitted to the Executive Council during the January 2014 summit for adoption will oblige Member States to send reports every year on their intention to ratify or not ratify OAU/AU Treaties. This will be included in the report on the status of Ratification of OAU/AU Treaties, which will be presented by the AU Commission to the Executive Council.

In conclusion the workshop intends to successfully create a means whereby Member States accelerate the ratification and domestication of OAU/AU treaties, especially those treaties with direct relevance to African Union shared values.

The workshop was conducted by different representatives from AUC Legal Counsel, communication experts, Pan African Parliament representatives, AFCAC participants and other departments from the African Union Commission.